As of July 2014, the Virginia Department of Fire Programs assumed full responsibility for the Reduced Cigarette Ignition Propensity (RCIP) program as defined in Title 9, Chapter 2.1, of the Code of Virginia. Unless specifically exempted, no cigarettes may be sold or offered for sale in the Commonwealth or offered for sale or sold to persons located in the Commonwealth unless:
- The cigarettes have been tested in accordance with ASTM Standard E2187-04 and meet the performance criteria specified in Code of Virginia §9.1-210;
- The manufacturer has filed a written certification in Code of Virginia §9.1-211; and,
- The cigarettes have been marked in accordance with Code of Virginia §9.1-212.
The State Fire Marshal’s Office has been charged with the administration and enforcement activities related to this program. The SFMO reviews and approves certificates of testing from manufacturers, maintains a public listing of all registered cigarettes, and inspects wholesalers and retailers to determine compliance with statutory requirements. Any cigarettes sold or offered for sale that do not comply with the performance standard required by §9.1-210 shall be deemed contraband and subject to forfeiture and disposal by the Commonwealth. In addition, a retailer who knowingly sells cigarettes in violation of §9.1-210 shall be subject to a civil penalty not exceeding $100 for each pack of such cigarettes sold or offered for sale.